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    BT worker died after being exposed to asbestos on a daily basis, coroner rules

    10:56, 22/12/2023

    Home » News & Knowledge » BT worker died after being exposed to asbestos on a daily basis, coroner rules

    A telecoms engineer who worked for BT died after being exposed to asbestos on a ‘day-to-day’ basis, a coroner has ruled.

     

    Ian Stubbs, of Hawkes Lane in Bracon Ash, near Norwich, was diagnosed with malignant mesothelioma in 2021 after experiencing a long-term cough and shortness of breath.

    A personal statement, which he wrote before his death, was read out in court, which explained how he thought he had been exposed to the substance. It revealed that in 1962, he began working for BT in its ‘stores’ and remained there, working up to be a manager, until his retirement in 2001.

     

    BT worker died

     

    He reportedly believed there had been asbestos in the materials used by engineers, as well as the now-demolished buildings he worked in based off Hall Road.

    “There was a huge amount of asbestos in the fabric of the buildings,” he said.

    “And it was our job to keep tidy… we would often sweep up after.”

     

    Mr. Stubbs said he wasn’t given any warnings about the danger of asbestos at BT, and he only leaned that the buildings contained asbestos later on.

    “I would never ever have questioned whether the fabric of the building was dangerous until they brought in the specialist company to come and remove it,” he added.

    Following his diagnosis, Mr. Stubbs underwent chemotherapy and palliative care was put in place from April this year. According to reports, he became house-bound in the last couple of months of his life, and rapidly declined before his death on September 20.

    At an inquest, which took place at the court at County Hall in Norwich on December 12, the area coroner Yvonne Blake concluded his death was due to “industrial disease”.

    The medical cause of death was given as malignant mesothelioma.

     

    What is an Industrial Disease?

    An industrial disease, which can also be known as an occupational disease is an illness or condition you have contracted as a result of a former or current workplace. It can include lung diseases, skin conditions or physical conditions such as Hand Arm Vibration Syndrome (HAVS).

    They could be caused by being exposed to harmful substances such as asbestos or toxic chemicals, or by carrying out work that causes injuries to your body over a period of time (eg. HAVS).

    Most industrial diseases are preventable if employees are given the correct equipment, training and protection.

     

    What is Mesothelioma

    Mesothelioma is a type of asbestos related cancer affecting the pleura (lining of the lung) but can also be found in the lining of the abdominal cavity (peritoneal) or the lining around the heart (pericardial).

    Other types of asbestos related cancers and illnesses are disorders of the lungs caused by exposure to and inhalation of asbestos fibres.

     

    Common Industrial Diseases

    • Asbestosis
    • Mesothelioma
    • Noise Induced Hearing Loss
    • Repetitive Strain Injury (RSI)
    • Occupational Asthma
    • Hand Arm Vibration Syndrome (HAVS)

     

    The law around Industrial Diseases

    Employers have had a legal duty to reduce and prevent exposure to asbestos since the early 1900s. Employers are under a duty of care to ensure their Employees are not put at any foreseeable risk as far as practicable.

    As well as common law duty to ensure a safe place of work and a safe system of work, your employer will have a number of duties set down by statute. If they are found to be in breach of these regulations they may be fined and/or imprisoned.

     

    • Health and Safety at Work Act 1974

    Employers have a duty so far as is reasonably practicable to ensure the safety and welfare of their employees.

     

    • Management of Health and Safety at Work Regulations 1999

    Duty to undertake a reasonable risk assessment (Reg. 3)

    Requirement to undertake a health surveillance (Reg. 6)

    Personal Protective Equipment at Work Regulations 1992

    Ensure that suitable personal equipment is provided (Reg. 4)

    Ensure an assessment of any personal protective equipment is undertaken to determine whether it is suitable.

     

    • Control of Substances Hazardous to Health 2002

    Required to assess health risk where work is liable to expose employees to substances hazardous to health (Reg. 6)

    Ensure exposure to substances hazardous to health is either prevented, or where not reasonably practicable, adequately controlled (Reg. 7)

    Ensure any employee exposed to substances hazardous to health are monitored and under suitable health surveillance (Reg. 11)

     

    Further reading

    Mesothelioma/Asbestos-related claims – Oakwood Solicitors

     

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    Meet the author

    Liam Hill is a Solicitor and Deputy Head of the Industrial Disease Team, having trained and qualified at Oakwood Solicitors. Liam joined us in 2013 after successfully completing the Legal Practice C…

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